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AMERICAN INS. CO. v. JOYNER ELEC., INC.

No. 92-2713.

618 So.2d 799 (1993)

AMERICAN INSURANCE COMPANY, Appellant, v. JOYNER ELECTRIC, INC., Appellee.

District Court of Appeal of Florida, First District.

May 28, 1993.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr., Dunedin, W. Crit Smith of Smith & Thompson, Tallahassee, and Robert Augustus Harper Law Firm, P.A., Tallahassee, for appellant.

Michael R. Kercher of Broad & Cassel, Tallahassee, for appellee.

KAHN, Judge.

This appeal raises the question of proper venue in an action brought by a subcontractor against a bonding company on a surety bond, where the principal on the bond, the prime contractor, is not named in the subcontractor's action. The surety, American Insurance Company (American), pursuant to section 255.05, Florida Statutes (1989), issued a labor and material payment bond to Hewitt Contracting Company, Inc. (Hewitt), the prime contractor, for construction...

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